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Criminal procedure — Motion to suppress evidence — Wiretaps

Appellant, Patrick Michael Gary, was charged in the Circuit Court for Garrett County with sexual abuse of a minor, attempted second degree rape, second degree sexual offense, perverted sexual practice, fourth degree sexual offense, and second degree assault. Appellant waived his right to a jury trial and was tried by the court, and the court found him guilty on all charges. Appellant received the following sentence: twelve years for sexual abuse of a minor, with the charge of attempted second degree rape merged; ten years consecutive for second degree sexual offense; five years consecutive for perverted practices; one year concurrent for fourth degree sexual offense, and five years, all suspended, for second degree assault. He was ordered to serve five years supervised probation and to register as a sex offender upon release. Appellant timely appealed and presents the following questions for our review:

1. Must the period of probation be stricken in the absence of the imposition of a suspended portion of any sentence?

2. Did the trial court err in denying Appellant’s motion to suppress the fruits of two unlawful wiretaps?

3. Did the trial court err in imposing separate sentences for second degree sexual offense, fourth degree sexual offense, and perverted practice?

Read the opinion here: